Bariatric surgery is more of a service business than any other surgical specialty. From the medicolegal perspective, the risk of a complication becoming a lawsuit can be mitigated by focusing on the relationship with the patient, addressing patient expectations with specific documentation, and prompt, clear communication if a complication occurs. Studies show that when a patient complaint or dissatisfaction is coupled with an adverse event, the patient is more likely to sue. This chapter reviews the current bariatric surgery liability environment and explains how recent changes in the healthcare and liability landscapes have and will continue to affect surgical practice. The chapter introduces three important strategies to increase engagement with your bariatric surgery patient and concurrently impact your liability risk: Five-Star Service, second-generation informed consent form and process, and post-adverse event communication.
